Common use of No Recourse Against Other Parties Clause in Contracts

No Recourse Against Other Parties. The obligations of each Purchaser under this Agreement are solely the corporate obligations of such Purchaser. No recourse shall be had for the payment of any amount owing by any Purchaser under this Agreement or for the payment by such Purchaser of any fee in respect hereof or any other obligation or claim of or against such Purchaser arising out of or based upon this Agreement, against MUFG or against any employee, officer, director, incorporator or stockholder of such Purchaser. For purposes of this Section 14.14, the term “MUFG” shall mean and include MUFG Bank, Ltd. (formerly known as The Bank of Tokyo-Mitsubishi UFJ, Ltd.), and all affiliates thereof and any employee, officer, director, incorporator, stockholder or beneficial owner of any of them; provided, however, for the purposes of this paragraph, no Purchaser shall be considered to be an affiliate of its respective Purchaser Agent. Each of the Seller, the Master Servicer and the Agents agree that each Purchaser shall be liable for any claims that such party may have against such Purchaser only to the extent such Purchaser has excess funds and to the extent such assets are insufficient to satisfy the obligations of such Purchaser hereunder, such Purchaser shall have no liability with respect to any amount of such obligations remaining unpaid and such unpaid amount shall not constitute a claim against such Purchaser. Any and all claims against any Purchaser or any Purchaser Agent shall be subordinate to the claims of the holders of Commercial Paper Notes and the related Liquidity Banks.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Lennox International Inc), Receivables Purchase Agreement (Lennox International Inc)

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No Recourse Against Other Parties. The obligations of each Purchaser under this Agreement are solely the corporate obligations of such Purchaser. No recourse shall be had for the payment of any amount owing by any Purchaser under this Agreement or for the payment by such Purchaser of any fee in respect hereof or any other obligation or claim of or against such Purchaser arising out of or based upon this Agreement, against MUFG BTMUNY or against any employee, officer, director, incorporator or stockholder of such Purchaser. For purposes of this Section 14.14, the term “MUFGBTMUNY” shall mean and include MUFG Bank, Ltd. (formerly known as The Bank of Tokyo-Mitsubishi UFJ, Ltd.), New York Branch, and all affiliates thereof and any employee, officer, director, incorporator, stockholder or beneficial owner of any of them; provided, however, for the purposes of this paragraph, no Purchaser shall be considered to be an affiliate of its respective Purchaser Agent. Each of the Seller, the Master Servicer and the Agents agree that each Purchaser shall be liable for any claims that such party may have against such Purchaser only to the extent such Purchaser has excess funds and to the extent such assets are insufficient to satisfy the obligations of such Purchaser hereunder, such Purchaser shall have no liability with respect to any amount of such obligations remaining unpaid and such unpaid amount shall not constitute a claim against such Purchaser. Any and all claims against any Purchaser or any Purchaser Agent shall be subordinate to the claims of the holders of Commercial Paper Notes and the related Liquidity Banks.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Lennox International Inc), Receivables Purchase Agreement (Lennox International Inc)

No Recourse Against Other Parties. The obligations of each Purchaser under this Agreement are solely the corporate obligations of such Purchaser. No recourse shall be had for the payment of any amount owing by any Purchaser under this Agreement or for the payment by such Purchaser of any fee in respect hereof or any other obligation or claim of or against such Purchaser arising out of or based upon this Agreement, against MUFG BTMU or against any employee, officer, director, incorporator or stockholder of such Purchaser. For purposes of this Section 14.14, the term “MUFGBTMU” shall mean and include MUFG Bank, Ltd. (formerly known as The Bank of Tokyo-Mitsubishi UFJ, Ltd.), and all affiliates thereof and any employee, officer, director, incorporator, stockholder or beneficial owner of any of them; provided, however, for the purposes of this paragraph, no Purchaser shall be considered to be an affiliate of its respective Purchaser Agent. Each of the Seller, the Master Servicer and the Agents agree that each Purchaser shall be liable for any claims that such party may have against such Purchaser only to the extent such Purchaser has excess funds and to the extent such assets are insufficient to satisfy the obligations of such Purchaser hereunder, such Purchaser shall have no liability with respect to any amount of such obligations remaining unpaid and such unpaid amount shall not constitute a claim against such Purchaser. Any and all claims against any Purchaser or any Purchaser Agent shall be subordinate to the claims of the holders of Commercial Paper Notes and the related Liquidity Banks.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Lennox International Inc)

No Recourse Against Other Parties. The obligations of each Purchaser the Transferee under this Agreement are solely the corporate obligations of such Purchaserthe Transferee. No recourse shall be had for the payment of any amount owing by any Purchaser the Transferee under this Agreement or for the payment by such Purchaser the Transferee of any fee in respect hereof or any other obligation or claim of or against such Purchaser the Transferee arising out of or based upon this Agreement, against MUFG Wachovia or against any employee, officer, director, incorporator or stockholder of such Purchaserthe Transferee. For purposes of this Section 14.1414.15, the term “MUFG” "Wachovia" shall mean and include MUFG Wachovia Bank, Ltd. (formerly known as The Bank of Tokyo-Mitsubishi UFJ, Ltd.), N.A. and all affiliates thereof and any employee, officer, director, incorporator, stockholder or beneficial owner of any of them; provided, however, for that the purposes of this paragraph, no Purchaser Transferee shall not be considered to be an affiliate of its respective Purchaser Agentthe Wachovia for purposes of this paragraph. Each of the SellerTransferor, the Master Servicer and the Agents agree Administrative Agent agrees that each Purchaser the Transferee shall be liable for any claims that such party may have against such Purchaser the Transferee only to the extent such Purchaser the Transferee has excess funds after providing for payment of the Commercial Paper Notes and to the extent such assets are insufficient to satisfy the obligations of such Purchaser the Transferee hereunder, such Purchaser the Transferee shall have no liability with respect to any amount of such obligations remaining unpaid and such unpaid amount shall not constitute a claim against such Purchaserthe Transferee. Any and all claims against any Purchaser the Transferee or any Purchaser the Administrative Agent shall be subordinate to the claims of the holders of Commercial Paper Notes and the related Liquidity BanksBanks (other than the Administrator).

Appears in 1 contract

Samples: Asset Interest Transfer Agreement (Westpoint Stevens Inc)

No Recourse Against Other Parties. The obligations of each Purchaser under this Agreement are solely the corporate obligations of such Purchaser. No recourse shall be had for the payment of any amount owing by any Purchaser under this Agreement or for the payment by such Purchaser of any fee in respect hereof or any other obligation or claim of or against such Purchaser arising out of or based upon this Agreement, against MUFG BTMU or against any employee, officer, director, incorporator or stockholder of such Purchaser. For purposes of this Section 14.14, the term “MUFGBTMU” shall mean and include MUFG Bank, Ltd. (formerly known as The Bank of Tokyo-Mitsubishi UFJ, Ltd.), and all affiliates thereof and any employee, officer, director, incorporator, stockholder or beneficial owner of any of them; provided, however, for the purposes of this paragraph, no Purchaser shall be considered to be an affiliate of its respective Purchaser Agent. Each of the Seller, the Master Servicer and the Agents agree that each Purchaser shall be liable for any claims that such party may have against such Purchaser only to the extent such Purchaser has excess funds and to the extent such assets are insufficient to satisfy the obligations of such Purchaser hereunder, such Purchaser shall have no liability with respect to any amount of such obligations remaining unpaid and such unpaid amount shall not constitute a claim against such Purchaser. Any and all claims against any Purchaser or any Purchaser Agent shall be subordinate to the claims of the holders of Commercial Paper Notes and the related Liquidity Banks.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Lennox International Inc)

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No Recourse Against Other Parties. The obligations of each Purchaser the Transferee under this Agreement are solely the corporate obligations of such Purchaserthe Transferee. No recourse shall be had for the payment of any amount owing by any Purchaser the Transferee under this Agreement or for the payment by such Purchaser the Transferee of any fee in respect hereof or any other obligation or claim of or against such Purchaser the Transferee arising out of or based upon this Agreement, against MUFG Wachovia or against any employee, officer, director, incorporator or stockholder of such Purchaserthe Transferee. For purposes of this Section 14.1414.15, the term “MUFG” "Wachovia" shall mean and include MUFG Wachovia Bank, Ltd. (formerly known as The Bank of Tokyo-Mitsubishi UFJ, Ltd.), N.A. and all affiliates thereof and any employee, officer, director, incorporator, stockholder or beneficial owner of any of them; provided, however, for that the purposes of this paragraph, no Purchaser Transferee shall not be considered to be an affiliate of its respective Purchaser Agentthe Wachovia for purposes of this paragraph. Each of the SellerTransferor, the Master Servicer and the Agents agree Administrative Agent agrees that each Purchaser the Transferee shall be liable for any claims that such party may have against such Purchaser the Transferee only to the extent such Purchaser the Transferee has excess funds after providing for payment of the Commercial Paper Notes and to the extent such assets are insufficient to satisfy the obligations of such Purchaser the Transferee hereunder, such Purchaser the Transferee shall have no liability with respect to any amount of such obligations remaining unpaid and such unpaid amount shall not constitute a claim against such Purchaserthe Transferee. Any and all claims against any Purchaser the Transferee or any Purchaser the Administrative Agent shall be subordinate to the claims of the holders of the Commercial Paper Notes and the related Liquidity BanksBanks (other than the Administrator).

Appears in 1 contract

Samples: Asset Interest Transfer Agreement (Westpoint Stevens Inc)

No Recourse Against Other Parties. The obligations of each the Purchaser under this Agreement are solely the corporate obligations of such the Purchaser. No recourse shall be had for the payment of any amount owing by any the Purchaser under this Agreement or for the payment by such the Purchaser of any fee in respect hereof or any other obligation or claim of or against such the Purchaser arising out of or based upon this Agreement, against MUFG Wachovia or against any employee, officer, director, incorporator or stockholder of such the Purchaser. For purposes of this Section 14.1414.15, the term “MUFG” "Wachovia" shall mean and include MUFG Wachovia Bank, Ltd. (formerly known as The Bank of Tokyo-Mitsubishi UFJ, Ltd.), National Association and all affiliates thereof and any employee, officer, director, incorporator, stockholder or beneficial owner of any of them; provided, however, for that the purposes of this paragraph, no Purchaser shall not be considered to be an affiliate of its respective Purchaser AgentWachovia for purposes of this paragraph. Each of the Seller, the Master Servicer Servicers and the Agents Administrative Agent agree that each the Purchaser shall be liable for any claims that such party may have against such the Purchaser only to the extent such the Purchaser has excess funds and to the extent such assets are insufficient to satisfy the obligations of such the Purchaser hereunder, such the Purchaser shall have no liability with respect to any amount of such obligations remaining unpaid and such unpaid amount shall not constitute a claim against such the Purchaser. Any and all claims against any the Purchaser or any Purchaser the Administrative Agent shall be subordinate to the claims of the holders of Commercial Paper Notes and the related Liquidity Banks.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Georgia Gulf Corp /De/)

No Recourse Against Other Parties. The obligations of each Purchaser under this Agreement are solely the corporate obligations of such Purchaser. No recourse shall be had for the payment of any amount owing by any Purchaser under this Agreement or for the payment by such Purchaser of any fee in respect hereof or any other obligation or claim of or against such Purchaser arising out of or based upon this Agreement, against MUFG Bank of America or against any employee, officer, director, incorporator or stockholder of such Purchaser. For purposes of this Section 14.1414.15, the term “MUFGBank of America” shall mean and include MUFG Bank, Ltd. (formerly known as The Bank of Tokyo-Mitsubishi UFJAmerica, Ltd.), National Association and all affiliates thereof and any employee, officer, director, incorporator, stockholder or beneficial owner of any of them; provided, however, for the purposes of this paragraph, no the Yorktown Purchaser shall not be considered to be an affiliate of its respective Purchaser AgentBank of America. Each of the Seller, the Master Servicer and the Agents agree that each Purchaser shall be liable for any claims that such party may have against such Purchaser only to the extent such Purchaser has excess funds and to the extent such assets are insufficient to satisfy the obligations of such Purchaser hereunder, such Purchaser shall have no liability with respect to any amount of such obligations remaining unpaid and such unpaid amount shall not constitute a claim against such Purchaser. Any and all claims against any Purchaser or any the related Purchaser Agent shall be subordinate to the claims of the holders of Commercial Paper Notes and the related Liquidity Banks.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Lennox International Inc)

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